Allowed¶12

Ratan Singh v. State of U.P.

Allahabad HC12 Mar 2025BAIL/8673/2025

Case brief

AI extract

What is this about?

Allahabad High Court bail order dated 23.5.2025 in Criminal Misc. Bail Application No. 8673 of 2025 (Ratan Singh v. State of U.P.) under S. 483 BNSS 2023; offence under S. 2/3(1) Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act 1986, Case Crime No. 48 of 2025, P.S. Dadri, Gautam Buddh Nagar; S. 19(4) Gangsters Act considered; solitary case in gang-chart, applicant on bail in shown cases, custody since 07.02.2025; bail allowed with conditions including appearance under S. 351 BNSS; no opinion on merits; judge Ashutosh Srivastava.

What did the court decide?

Applicant Ratan Singh to be released on bail in Case Crime No. 48 of 2025 on furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned, subject to conditions (i)-(v) set out in the order. ¶12

Ratan Singh vs State of U.P. — Bail and Remand | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant Ratan Singh should be released on bail in Case Crime No. 48 of 2025 under Section 2/3(1) of the Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, during pendency of the trial.

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Court's answer

Considering the totality of facts, nature and evidence reflected from the record, and the provision of Section 19(4) of the Gangsters Act, and without expressing any opinion on the merits of the case, the Court found the matter fit for bail and allowed the application.

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Ratio / Principle

The applicant Ratan Singh was ordered to be released on bail in Case Crime No. 48 of 2025 on furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned, subject to five enumerated conditions (including no inducement/tampering, no pressurising prosecution witnesses, personal presence at charge-framing and Section 351 BNSS statement, undertaking against adjournments when witnesses are present, and presence personally or through counsel on each date), breach of which would be a ground for cancellation of bail.

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Detailed headnote1 paragraphs

Bail under S. 483 BNSS 2023 granted to applicant in a gangster case (Case Crime No. 48 of 2025, S. 2/3(1) UP Gangsters Act, 1986, P.S. Dadri, Distt. Gautam Buddh Nagar). Gang-chart showed a solitary case and applicant was on bail in all cases shown therein, besides explaining a criminal history of two cases; he was in custody since 07.02.2025. Considering totality of facts, nature and evidence on record and S. 19(4) of the Act, and without expressing any opinion on merits, the Allahabad High Court (Ashutosh Srivastava, J.) allowed bail on a personal bond with two reliable sureties, imposing conditions against witness tampering and intimidation, mandating personal presence at charge-framing and statement under S. 351 BNSS, an undertaking against adjournments when witnesses are present, and attendance on every date, breach of which would ground cancellation. Observations limited to bail determination; trial court free to reach independent conclusions.

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Neutral Citation No. - 2025:AHC:88455

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8673 of 2025

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Applicant :- Ratan Singh Opposite Party :- State of U.P. Counsel for Applicant :- Kapil Tyagi,Sindhuja Rathi Bhargava Counsel for Opposite Party :- G.A.

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Hon'ble Ashutosh Srivastava,J.

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Heard Mrs. Sindhuja Rathi Bhargava, learned counsel for the applicant, Shri Vijayendra Kumar learned AGA for the Staterespondents and perused the record.

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The present bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of applicant Ratan Singh , with a prayer to release him on bail in Case Crime No.48 of 2025, under Section 2/3(1) of Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, registered at Police Station Dadri, District- Gautam Buddh Nagar, during pendency of the trial.

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It has been submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. In gang-chart , solitary case been shown and in all the cases, the applicant is on bail. Except the aforesaid case shown in the gang-chart, applicant has a criminal history of two cases to his credit and the same has been adequately explained in the affidavit filed in support of the instant bail application.

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It is further submitted that the applicant is not a member or leader or organizer of a gang and he has not abetted or assisted in the activities of a gang as enumerated in clause (b) of Section 2 of the Act. It is next submitted that there is also no possibility of the applicant either fleeing away from the judicial process or tampering with the witnesses. The applicant, who is languishing in jail since 07.02.2025, undertakes that he will not misuse the liberty, if granted. It has also been pointed out that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.

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Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but has not pointed out any other case against the applicant except the cases shown by learned counsel for the applicant.

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Upon considering the totality of facts, nature and the evidence

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reflected from record and also taking into consideration the provision of Section 19(4) of the Act and without expressing any opinion on merits of the case, I find it to be a fit case for bail. Hence, the present bail application is allowed .

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Let applicant, Ratan Singh be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions-

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(i) The applicant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

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(ii) The applicant shall not pressurize/intimidate the prosecution witnesses.

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(iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of B.N.S.S.

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(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in the trial court.

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(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.

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Order Date :- 23.5.2025 Sachin

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Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad

Ratan Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ratan Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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